Section 21-17A-5 - Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costsfor defendant. - South Dakota Statutes

21-17A-5. Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costs for defendant. An action may be maintained and a writ of attachment issued on a demand not yet due in any case mentioned in § 21-17A-3 or 21-17A-4, except the cases mentioned in subdivision 21-17A-3(5), (6), or (7) and the same proceedings in the action shall be had and the same affidavit shall be required as in actions upon matured demands except that the affidavit shall state that the debt is to become due. The bond specified in § 21-17A-7 shall be for three times the amount demanded. In case an attachment is issued before the maturity of the debt and a defense to such attachment is sustained the court shall render a judgment for damages and costs against the plaintiff.

Source: SL 1983, ch 168, § 5.